Persons who are settled in the United KingdomE+W
[F12A.—(1) A person—
(a)who is settled in the United Kingdom [F2on the day on which the first term of the first academic year actually begins], other than a person falling within paragraph 3;
(b)who is—
(i)attending or undertaking a designated course in Wales; or
(ii)undertaking a designated part-time course or a designated postgraduate course in Wales;
(c)who has been ordinarily resident in the territory comprising the United Kingdom, Islands and the Republic of Ireland throughout the three-year period preceding the first day of the first academic year of the course [F3and who has been ordinarily resident in the Republic of Ireland for at least part of that period];
(d)subject to paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Islands and the Republic of Ireland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education; [F4 and]
[F5(e)who did not move to Wales from the Islands for the purpose of undertaking the current course, or a course which, disregarding any intervening vacation, the person undertook immediately before the current course.]
(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Islands and the Republic of Ireland in accordance with paragraph 1(4).]
Textual Amendments
F1Sch. 1 para. 2A inserted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 70 (with reg. 2)
F2Words in Sch. 1 para. 2A(1)(a) substituted (31.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021 (S.I. 2021/1365), regs. 1(2), 19(a)(i)
F3Words in Sch. 1 para. 2A(1)(c) inserted (31.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021 (S.I. 2021/1365), regs. 1(2), 19(a)(ii)
F4Word in Sch. 1 para. 2A(1)(c) moved to Sch. 1 para. 2A(1)(d) (31.12.2021) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021 (S.I. 2021/1365), regs. 1(2), 19(a)(ii)